Introduction
Someone has correctly put into words that “Good
communication is the bridge between confusion and clarity”. Words play an
important role as each word marks its relevance in a conversation. When the
words are written it is more significant than the words which are spoken as it
marks its permanence in that circumstance. Legal notice is one such method of
professional conversation which is done between two person for formal
communication. In India, most common types of notices include notice for
recovery of cheques, notice for breach of contract, notice for divorce or
others.
This blog helps one to understand about the concept of legal
notice. What is the importance of notice, why to opt for legal notice, how to
reply a legal notice and other required details to be known by the readers.
Legal Notice
A legal notice is a legal document which is sent to the
other party from advocate which generally contains details like facts of the
dispute, rights which are violated, relief demanded. The other party shall
respond the notice within time period provided which is usually between 15-30
days after the notice has been send to them. It acts as final warning before
initiation of legal action.
Importance
- The
notice acts as evidence as it contains proof of claims and intention.
- It
is mandatory in cases where it has been expressly stated such as section
80 of CPC.
- It
helps in solving disputes before initiation of court procedure.
- It
helps one to understand the reason for dispute and the reliefs which are
expected to be fulfilled.
- It
is cost and time efficient. The dispute can be solved without court
procedure which cuts cost and no litigation is required so it saves time
which is taken when a suit is initiated.
When a Legal notice is mandatory?
A legal notice becomes mandatory when it has been expressly
mentioned in the statutes. In the following cases legal notice is mandatory.
These are:
- Section
80 of CPC has the provision for compulsory legal notice. It states that no
suit against the government or a public officer can start until two months
after a proper written notice is delivered.
- Section
138 of Negotiable Instruments Act says that the payee must issue a written
demand notice to the drawer within 30 days of receiving the dishonour information.
- In
case of consumer protection, it is highly recommended for one to send
legal notice before initiation of complain with a consumer forum.
Procedure to send a legal notice
Step 1: Identify the Correct Party
Before drafting a legal notice, ensure that the recipient’s
name, address, and other details are accurate. Any incorrect or incomplete
information may render the notice ineffective or unenforceable.
Step 2: Draft the Legal Notice
The legal notice should be concise, factual, and legally
sound. It must include the sender’s details, date and place of issuance, a
clear narration of facts, legal grounds for the claim, and the consequences of
non-compliance. The language should remain professional at all times, avoiding
any aggressive, defamatory, or threatening expressions.
Step 3: Get the Notice Reviewed by a Lawyer
If you draft the notice yourself, it is advisable to have it
reviewed by a legal professional to ensure procedural compliance, legal
accuracy, and effectiveness. Our law firm in Bangalore specializes in drafting
and vetting precise and impactful legal notices.
Step 4: Send the Notice Through Proper Modes
Legal notices should be dispatched using reliable and
traceable methods such as registered post, speed post, or recognized courier
services. Ensure that the envelope is correctly addressed and securely sealed.
Step 5: Retain Proof of Dispatch
Always maintain records of sending the legal notice,
including a copy of the notice, postal or courier receipts, and the
acknowledgment card, as these serve as important evidence.
Step 6: Wait for the Recipient’s Response
After receipt of the notice, the recipient is typically
given 15 to 30 days to respond. Any reply received should be carefully examined
in consultation with your lawyer before deciding on the next course of action.
Essentials of a Legal Notice
A notice must contain the following details which marks the
validity of a legal notice. It includes:
- Name,
address, and details of the sender
- Name
and address of the recipient
- Clear
statement of facts and chronology of events
- Legal
provisions involved
- Cause
of action
- Relief/demand
sought
- Time
limit for compliance
- Consequences
of non-compliance
- Advocate’s
signature and date
Conclusion
A legal notice acts as a way of formal communication between
two parties which helps in resolving disputes before initiation of suit. A
notice shall not be left without communication and shall be communicated within
15-30 days after the notice has been send to the receiver. Also ignore of
notice may attract additional costs and court may draw inappropriate
inferences. It should be read carefully, and legal assistance should be taken
after receiving of the notice. The receiving party must deny all the false allegation,
reply should be given on time and supporting documents should be attached as
they act as evidence for the allegations.